Bombay High Court
PAWANDEEP SINGHversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The High Court allowed the withdrawal of the criminal application and dismissed it as withdrawn.
Summary
Pawandeep Singh filed a criminal application under Section 482 of the Code of Criminal Procedure (referred to as Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) seeking to quash FIR No.208 of 2023, which alleged offences under various IPC sections and the Maharashtra Prevention of Malpractices at University Act. After hearing, the applicant's counsel requested a pass over and later sought to withdraw the application, intending to file a separate discharge application before the trial court. The State's counsel did not oppose the withdrawal. The High Court, after considering the request, granted leave to withdraw the application with liberty to file a fresh application before the trial court, and dismissed the present application as withdrawn. The order reflects the court's discretion to allow withdrawal of a criminal application under its inherent powers.
Issues considered
- Whether a criminal application under Section 482 CrPC (or Section 528 of the Bharatiya Nagarik Suraksha Sanhita) seeking quash of an FIR can be withdrawn by the applicant.
- Whether the High Court has the jurisdiction to permit such withdrawal and dismiss the application as withdrawn.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528
- Code of Criminal Procedure — s. 482
- Indian Penal Code, 1860 — s. 120B, 34, 420, 465, 467, 468, 471
- Maharashtra Prevention of Malpractices at University, Board and Other Specified Examination Act, 1982 — s. 5, 7, 9
Subjects
- quash FIR
- criminal application
- Section 482 CrPC
- withdrawal of application
- High Court jurisdiction
- criminal procedure
Judgment
3-APL-8-2026.doc
GAYATRI
Digitally signed
by GAYATRI
RAJENDRA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAJENDRA SHIMPI
SHIMPI Date: 2026.01.14
21:28:05 +0530
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 8 OF 2026
Pawandeep Singh … Applicant
V/s.
The State of Maharashtra & Anr. … Respondents
---
Mr. Vinod Sangvikar, Advocate for the Applicant.
Mr. Prasanna Malshe, APP a/w Ms. Mankunwar Deshmukh, PP for
Respondent/State.
Mr. S. G. Yadav – PSI, MRA Marg, Police Station.
---
CORAM : ASHWIN D. BHOBE, J.
DATE : 13th JANUARY, 2026.
P.C. :
1. By the present Application, The Applicant has sought
for the following substantive reliefs :-
“a. That this Hon'ble High Court exercising power
u/s. 482 of the Code of Criminal Procedure (Section
528 of Bharatiya Nagarik Suraksha Sanhita, 2023) be
pleased to quash and set aside the CR/FIR No.208 of
2023 registered with the MRA Marg Police Station,
Mumbai for the offence punishable Under Sections
420, 465, 467, 468, 471, r/w. 34, 120B Of IPC and
Section 5,7 and 9 of The Maharashtra Prevention of
Malpractices at University, Board and other Specified
Examination Act, 1982, on 09.09.2023”
Gayatri shimpi 1
3-APL-8-2026.doc
2. After having heard the matter for some time, Mr. Vinod
Sangvikar, learned Advocate for the Applicant, sought a pass over.
At his request, the matter was taken up after some time. He on
instructions from the Applicant, craves leave to withdraw the
present Application with liberty to file an Application seeking
discharge before the Trial Court at the appropriate stage.
3. Mr. Prasanna Malshe, learned APP for the State, does
not object to the request made by Mr. Vinod Sangvikar, learned
Advocate for the Applicant.
4. In view of the above, leave granted to withdraw the
present Application with liberty as above. If any Application is filed
before the Trial Court, the same be considered on its own merits
and in accordance with law.
5. Criminal Application No. 8 of 2026 is dismissed as
withdrawn.
(ASHWIN D. BHOBE, J.)
Gayatri shimpi 2
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